Appeal being dismissed, this oral order refused bail to the petitioner accused of rape and POCSO offences. The court noted conflicting medical age reports but held the FIR allegations were strong enough to deny bail, directing the trial court to expedite proceedings.
Prayer for bail refused; trial court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13879 of 2019
Arising Out of PS. Case No.-130 Year-2015 Thana- KANTI THARMAL POWER DistrictMuzaffarpur
======================================================
Akhilesh Mishra @ Akhilesh Kumar S/o Damodar Mishra R/o VillagePokhraira, P.S.- Kanti, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 13-05-2019
The petitioner is languishing in custody for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/5 of the POCSO Act in connection with Kanti P.S. Case No. 130 of 2015.
Allegation against the petitioner is that he ravished to the informant in the night taking advantage of her loneliness. The victim claims her age as 14 years and the doctor claims her age 17 to 18 years. There is no material showing strong motive for false implication of the petitioner.
Considering the nature of allegation disclosed in the FIR , I am not inclined to enlarge the petitioner on bail. Hence, the prayer
Patna High Court CR. MISC. No.13879 of 2019(3) dt.13-05-2019 2/2
for bail is refused. The learned trial Court is directed to expedite the
trial.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail given conflicting age evidence and lack of material suggesting false implication in a POCSO case.
2 provisions across 2 enactments
Akhilesh Mishra
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
